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Tennessee Divorce Questions & Answers
0 Answers | Asked in Criminal Law and Divorce for Tennessee on
Q: Will I get my Student visa, if my matrimonial case is pending in the trial court

Hi My name is Aman, from UP. Recently I got admitted to one of the leading UK universities and I was arrested based on the false complaint gave my wife on 498A, 506(1), 406, 323, and Muslims act sections 1 and 2. The chargesheet has been filed and the witness is not appearing in the court and... View More

1 Answer | Asked in Divorce for Tennessee on
Q: When getting Divorced can wife force me to sale my part of the property to her
Anthony M. Avery
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answered on Sep 1, 2024

It is very possible. Distribution of marital property can be very destructive, and cannot be based on marital fault only property dissipation. Consult with a competent attorney for some pre divorce planning.

1 Answer | Asked in Divorce for Tennessee on
Q: When getting a divorce and both parties names are on the deed can one them make the other one move out

We bought a double wide mobile home together and put it on my wife mother's property and now she wants me to leave and the mobile home is payed for can she force me to take the money she is offering

Anthony M. Avery
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answered on Sep 1, 2024

You made an improvement to someone else's real property. That is called a gift. Your lawyer can argue for an equitable distribution. It sounds like you are not on the deed. You might argue to move and sell the MH, but it probably will not be worth it. You might ask for alimony if... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: final hearing for divorce where he will not sign

I made a motion for a default judgement. Got kicked back because I could not request a default on irreconcilable differences but marital behavior. Requested a final hearing and I have the date but unsure what to file to complete. Sent notice of Final hearing to defendant. Help what else do I need... View More

Anthony M. Avery
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answered on Jul 30, 2024

IR Divorce is where there is an agreement. Apparently you have no agreement. In that case you must put on proof of grounds. You might not have any. Hire a lawyer who might be able to help, or stay married until he agrees or one of you dies.

1 Answer | Asked in Divorce for Tennessee on
Q: Can a Chancellor change the value of real property from what was the appraised value agreed upon by the parties.

The chancellor changed the value on three investment properties (rental properties) that were awarded to the wife by a total of $167,000.00 from the appraised value agreed upon by the parties.

Anthony M. Avery
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answered on Jul 25, 2024

Yes... He can accept value evidence or reject it. It could be grounds for appeal or a post trial motion. His discretion will be given alot of credence.

1 Answer | Asked in Divorce for Tennessee on
Q: Is property divided in divorce if it was before marriage?

In 2016 my parents signed the land over to me. I didn’t get married until 2020. My husband and I want a divorce and he doesn’t want the land. He name is not on the deed just mine. Do I need a lawyer if the papers says if one of us owns property we need a lawyer??

Anthony M. Avery
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answered on Jul 24, 2024

Hire an attorney to represent you. The pleadings need to be right, especially the MDA and Judgment. You better check your title also. Once agreed and signed, he does not need to go to Court.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I need a lawyer for divorce due to property

In 2016 my parents signed the property I now own over to me and I registered it in my name in same year. My husband and I didn’t get married until 2020. The property is in my name not his. And also he works I do not and has 401k do I need a lawyer for that to since I don’t want anything from it.

Anthony M. Avery
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answered on Jul 23, 2024

He can claim the appreciation in value since the marriage should be divided as marital property. Likewise you can argue the increase in his plan's value since marriage is marital property. You need an attorney when engaging in such a legal suit, as you could lose valuable properties.

1 Answer | Asked in Divorce for Tennessee on
Q: I have a notarized , signed by myself, my husband as well as The 30th JUDIAL DISTRICT MEMPHIS. I can't pay filing fees.

My husband agreed via text to meet at the court and he was gonna pay filing fees. Now the day before he saying he can't afford it ether . Cause he got a child on the way with his mistress whom he lives with . What can I do ??? Please advise !

Anthony M. Avery
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answered on Jun 27, 2024

You will probably have to wait until you can afford an attorney and the Court Costs before you can get your Divorce. Your present MDA might be used later if it is proper.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Divorce on disability

My husband verbally abused me and manipulated me

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

Tennessee allows for a divorce on grounds of irreconcilable differences if the spouses agree on all the terms of a divorce and sign a marital dissolution agreement.

In the absence of your spouse's agreement, you may have to prove fault. Whether the verbal abuse and manipulation...
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2 Answers | Asked in Divorce for Tennessee on
Q: If I plan to divorce my husband and he is in jail, is it beneficial to me to file for divorce while he is incarcerated?

My husband has felony conviction and probably more felonies will be added. Is having a felony a reason for filing for divorce?

Anthony M. Avery
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answered on Jun 18, 2024

If there is no property or debts involved, then it makes no difference. Talk to a divorce attorney.

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1 Answer | Asked in Divorce for Tennessee on
Q: Can you change divorce paperwork after it’s been filed but divorce isn’t final yet?

My wife and I already filed for an uncontested divorce and agreed on custody and child support but I was looking back through the paperwork and noticed she had put over the past 5 years the children stayed with her during weekdays and myself on weekends and that’s not accurate.They stay with her... View More

Anthony M. Avery
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answered on Jun 14, 2024

If you have a Dissolution Agreement that you like, then submit that to the Court for entry. It makes no difference what the earlier pleadings say. The Final Decree is what counts.

1 Answer | Asked in Divorce and Intellectual Property for Tennessee on
Q: This civil code article 1201 is saying what exactly? In layman's terms

Is this code 1201 stating I waive rights mean that any property we may own is now hers?

James L. Arrasmith
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answered on May 19, 2024

I apologize for the confusion, but I believe there may be an error or missing information in your question. You mentioned "civil code article 1201" but did not provide the actual text of this code or specify which jurisdiction it applies to. Article numbers can vary significantly between... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I have to file a foreign divorce decree here in the US to have the divorce recognized? It's been apostilled by TN SoS

I married my ex wife, who lives in Israel, in the US. Our divorce was finalized in Israel. I have had them apostilled by the Secretary of State in TN already but I'm not sure if I need to file them with the court here to have it recognized before I can get remarried.

Jennifer McKinnish
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answered on May 6, 2024

The Hague Convention is an international treaty that provides, if your country is a party to the Hague Convention, a process to protect children whose parents are divorced or separated and move between countries. Typically, a divorce decree issued in a foreign country is recognized in the United... View More

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: my dad's name is on the deed to my house, along with me and my wife can my stepmother try to get a portion of the equity
Anthony M. Avery
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answered on Apr 8, 2024

You have not stated the exact estate. Assuming Dad is married to stepmother, if Dad dies intestate then she will be an heir at law as a tenant in common with you all of some undivided interest.

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: how long for a Quick claim deed How long for an uncontested divorce with no property and no children

I have a question about property, my husband and i are getting a divorce. the property was from his mom, there is something called a Quick Claim Deed. The reason i am asking is he added my name to and now i am wanting it off. And then about a divorce uncontested

Anthony M. Avery
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answered on Apr 1, 2024

Hire an attorney to file the Divorce. If not agreed to then you must have grounds. Part of the agreement should be execution by you of the Quit Claim Deed of your interest to him.

1 Answer | Asked in Divorce for Tennessee on
Q: Does the defendant still have thirty days after the final divorce decree to appeal the divorce?

My divorce by publication was granted by default due to the defendant not responding within 30 days of the last date of publishing.

Anthony M. Avery
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answered on Mar 15, 2024

Yes...

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Can you "convert" a common-law marriage to a legal marriage? Will a legal marriage "nullify" a common-law marriage?

My husband and I received a Certificate of Informal Marriage in Texas in 2018, with no explanation of how it was different than a legal marriage. Through my own research, I realized that we are actually in a common-law marriage, and how that's different than a legal marriage.

In 2022... View More

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answered on Mar 11, 2024

Common Law Marriage is not recognized in Tennessee...

1 Answer | Asked in Divorce for Tennessee on
Q: My divorce was filed with the court 6/22/22 court case#75CC1-2022-CV-79876. why hasnt it been finished no kids

my case say open with judge name

Anthony M. Avery
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answered on Jan 25, 2024

Call the Court Clerk and ask.

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